Suit for permanent injunction
thankyouforyourguidance
(Querist) 05 July 2015
This query is : Resolved
Respected Experts,
--> Muslim husband and wife, has children both male and female,
--> During the life time of the husband he had bought a site/immovable property in the name of his wife,
--> after the death of her husband, wife sells the property; (sale transactions is complete),
--> now, the Daughters have filed a Suit for permanent injunction against their Mother (wife),
brothers and the buyer of the property , claiming to
1)declare that the sale deed not binding on the Plaintiffs/ daughters,
2) for partition of the property and separate their possession;
3) for enquiry of the mesne profits under O XX R 12 of CPC toll the date of effecting the partition.
What is the position of the parties and merits of the case?
On what ground the maintainability of the suit may be questioned?
In Muslim law, property can't be acquired by heirs until of the death of the owner, but they claim that since their father had invested the money to buy the property in the name of their mother, so it belongs to their father and considered as ancestral after his death, but what is the stand in this case??
P. Venu
(Expert) 06 July 2015
The property has been vested with the mother; she can transfer it at her discretion.
Under Muslim Law, there is no ancestral property; property gets vested in heirs only on death.
thankyouforyourguidance
(Querist) 06 July 2015
Thank you Sir. So the suit is barred under Muslim law right?? Can the parties file an Application under Sec 9 of cpc? (I am law student, I want to learn procedures well, very much interested :-) )
